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(Laughter.)
I think I can read, and one of the things
this amendment would do is remove the re-
striction of the legislature to reduce the
judicial budget. I believe I heard Chairman
Sherbow this morning explain that there
was no intent to remove this restriction,
which has been in the Constitution for
years and years, that the legislature could
not reduce, but can only increase the ju-
dicial budget. I do not think this amend-
ment has been thought out thoroughly and
I am opposed to it.
THE CHAIRMAN: Delegate Beatrice
Miller.
DELEGATE B. MILLER: Mr. Chair-
man, fellow delegates: We have heard sev-
eral times here the charge that we are pro-
posing a terrible thing, that we are propos-
ing the destruction of the executive budget.
I do not think we are proposing any such
thing at all.
The model constitution of the National
Municipal League also produced a budget
article which allows the legislature to in-
crease or decrease the budget. I would like
to quote from their comment:
"No single act in the fiscal process is of
greater importance than the preparation of
the budget which enables the governor to
develop a comprehensive fiscal program for
each fiscal year. Recognizing this executive
responsibility, the model requires that the
chief executive develop not only proposals
for an expenditure program, but also a
plan for the raising of necessary revenues.
"With such requirements the legislature
is in a position to evaluate the executive's
comprehensive fiscal plan, to increase or
decrease items, and to strike out or add
items. These broad powers are balanced by
the provision that the governor may veto
in whole or in part items in the appropria-
tions bills as passed by the legislature."
I agree with the model constitution. I
cannot see why a legislature which would
have the power to increase any appropria-
tion would have any more ability to destroy
an executive budget than a legislature
which is empowered to decrease the budget.
If the people who argue for the sanctity
of the executive budget beyond the realm
of the legislature to act were to be wholly
consistent, they would remove from the
legislature the power to decrease that
budget.
We are at the threshold of an age of
tremendous programs in the State of Mary-
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land which the General Assembly will need
to be responsible for. It is up to them to
indicate where these programs shall take
place, and where the emphasis shall be put,
and they can do this as elected representa-
tives of the people, working with the gov-
ernor within the balanced budget.
I see nothing dangerous in this proposal.
I do think it is time we took a step for-
ward from 1916. I am sure what we pro-
posed then was revolutionary and different.
This may be slightly different, but it is
certainly not revolutionary when you con-
sider the number of states in this nation
of ours which now operate under similar
propositions.
THE CHAIRMAN: Does any other del-
egate desire to speak in opposition?
Delegate Hardin Marion.
DELEGATE MARION: I rise to address
a question to the Chairman of the Com-
mittee, if I might, because of the discussion
raised about reducing the judicial budget.
THE CHAIRMAN: He does not have the
floor now.
Does any other delegate desire to speak
in opposition? If not, the Chair will give
him the floor, if he will yield.
No others desire to speak in opposition,
Delegate Sherbow. Do you want to have
the floor?
DELEGATE SHERBOW: Yes.
THE CHAIRMAN: Do you yield to a
question from Delegate Marion?
DELEGATE SHERBOW: Yes.
THE CHAIRMAN: Delegate Marion.
DELEGATE MARION: The language in
6.07 proposed on page 3 of Committee Rec-
ommendation SF-5 has the language in
lines 11 and 12, and so on, "or by reducing
or striking out any item." Then there are
certain exceptions, none of which relate to
the judicial budget.
Do I read that language correctly as
meaning that the General Assembly does
have the authority to reduce under sec-
tion 6.07 any item in the judicial budget?
DELEGATE SHERBOW: Not if it is
prescribed by law.
THE CHAIRMAN: Do you have a fur-
ther question, Delegate Marion?
DELEGATE MARION: Yes.
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